Madras High CourtWP(MD)/14765/2016disposed of

Nagarajan, S/O.Bangamsamy v. Teh District Manager,

2016-08-29Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14765 of 2016 and W.M.P.(MD).No.10920 of 2016 Nagarajan ... Petitioner Vs.

The District Manager, TASMAC (Retail vending), Nanji Kottai Road, Thanjavur.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to revoke the order of suspension passed by the respondent in Na.Ka.No.12/8117/RV-2/2011 dated 30.01.2012 and permit the petitioner to join duty at once.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.M.Muniyasamy, Standing counsel

O R D E R

The writ petition has been filed for the issuance of a writ of Mandamus directing the respondent, District Manager, TASMAC (Retail Vending), Nanjikottai Road, Thanjavur, to revoke the suspension order, dated 30.01.2012, in Na.Ka.No.12/8117/RV-2/2011, and consequently, permit the petitioner to join duty.

2. When the matter was taken up for hearing, Mr.M.Muniyasamy, learned Standing counsel for the TASMAC submitted that the prayer sought for by the petitioner in the writ petition has become infructuous as the petitioner has already joined duty pursuant to the order of revocation of suspension passed on 07.07.2016. He has also placed on record the order of recovation.

3. Placing on record the proceedings dated 07.07.2016 issued by the District Manager, TASMAC (Retail Vending), revoking the suspension order dated 31.01.2012, this writ petition stands closed.

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4. At this stage, the learned counsel for the petitioner also submits that liberty may be given to the petitioner to claim subsistence allowance. As and when the application is made by the petitioner for payment of subsistence allowance for the period he was kept out of employment, the respondent shall consider the same reasonably within a period of four weeks from the date of receipt of such application. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To The District Manager, TASMAC (Retail vending), Nanji Kottai Road, Thanjavur.

Akv CSL/PV/21.09.2016 :2P/2C W.P.(MD)No.14765 of 2016 29.08.2016 https://hcservices.ecourts.gov.in/hcservices/